Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

Important responsibilities for board chairs (and other board members)

• 1. Be Faithful to Mission
• 2. Guide the Grantmaking Strategy
• 3. Map Out the Future
• 4. Stay Focused on Financial Oversight and Legal Compliance
• 5. Master the Art of Facilitating Meetings
• 6. Connect the Dots Between Committees
• 7. Build a Board That Is Strong And Engaged
• 8. Communicate with the Community
• 9. Oversee Administrative Work
• 10. Assess Performance

Resources

BoardSource, Ten Essential Responsibilities of Foundation Board Chairs
Full whitepaper

Closing
Email me with questions and suggested topics
Sign up for the free NLP newsletter… every week get an early look at the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.
Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

Due Diligence for Nonprofits

• Conflict of interest policy for board members, officers, and senior staff
• Whistleblower policy
• Document retention and destruction policy
• Gift acceptance policy
• Compensation policy
• Parent-subordinate consistency policy
• Contemporaneous documentation of meeting minutes of board and committees
• Compensation and Audit committees
• For grantmakers – Maintains records to substantiate the amount of the grants or assistance, the grantees’ eligibility
• for the grants or assistance, and the selection criteria used to award the grants or assistance.

Resources

American Council on Education – 501(c)(3) Due Diligence (PDF)

Closing
Email me with questions and suggested topics
Sign up for the free NLP newsletter… every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.
Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

My Top 6 Resources
This week is all “resource time” here on the podcast – my top 6 resources – 3 sites in two categories

Operational information – excellent resources for how to get things done right
Guidestar
CraigsList Foundation
BoardSource

Infrastructure organizations – operational guidance plus representation of your interests
Alliance for Justice – Nonprofit Advocacy Project and Foundation Advocacy Initiative
National Council of Nonprofit Associations (NCNA) and your state nonprofit association
Independent Sector

Closing
Email me with questions and suggested topics
Sign up for the free NLP newsletter… every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.
Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

News & Notes
We’re going on holiday schedule through the end of the year… we’ll have new editions every other week through the end of the year. Happy holidays!
Sign up for the free NLP newsletter… every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.

What should we be doing at the end of a fiscal year?
Listener question…
It’s big enough of a task to be mentioned alone: recordkeeping.
It’s the law
It’s a good management tool
It can protect you against false accusations by others that would like to make your organization’s existence more difficult

Corporate record book

Make one if you don’t have it… a binder with all of your important docs
IRS determination letter, articles of Incorporation, bylaws, and minutes of board meetings
This should be permanently kept and updated when necessary
Remember some of these documents must be made publicly available, so this is an important one

Lobbying and other reporting information

Keep track of hours of lobbying as a 501(c)(3)
Keep track of amount of partisan activity as a 501(c)(4)
You’ll need this for your 990 in the spring

Financial records

Bank statements, old Form 990s, internal reports by treasurers, etc.
Keep these for at least seven years (law requires 3 for some, like the 990s)

Make sure you are keeping up with donor receipts for end of the year appeals!

Resources
NYS Office of Children & Family Services: Importance of Record Keeping
Email me with questions and suggested topics
Screencast on using the Internet, podcasting and social networking for your nonprofit – go to nplawcast.com for details
Need more than a podcast? Tim-Mooney.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

News & Notes
We’re going on holiday schedule through the end of the year… we’ll have new editions every other week through the end of the year. Happy holidays!
Sign up for the free NLP newsletter… every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.

When should a nonprofit amend its IRS tax return
Generally, not often – since there are no refunds to consider there is usually no economic advantage to doing it
Only if there is a substantial error
501(c)(3) that checks the box saying it engaged in political activity
501(c)(3) that exceeded its lobbying limits, only to later discover it did not and would like the excise taxes returned
501(c)(4) that miscalculated the amount of political activity it engaged in
Other substantial errors in reporting (income, etc.)
Missing schedules of a return
Best practices – write “ameded return” on the top of every page of the return in addition to checking the appropriate box for amended return on page 1

Closing

Email me with questions and suggested topics
Screencast on using the Internet, podcasting and social networking for your nonprofit – go to nplawcast.com for details
Need more than a podcast? Tim-Mooney.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

What the heck is D&O insurance, and do we need it?
Directors and Officers Insurance
Does NOT cover everything under the sun
Covers breaches of duty to the nonprofit by directors and officers
D&O pays for “wrongful acts.”
D&O insurance usually covers:
* Employment-discrimination, harassment, and wrongful termination
* Failure to provide services to parties
* Mismanagement of assets (negligence, etc.)
D&O insurance usually does NOT cover:
* bodily injury
* property damage
* other torts on your premises/property
Other insurance, (usually general liability) covers these claims.

Insurance is lawyer coverage as much as it is claim coverage

Depending on your situation, here’s some thoughts on insurance:
General liability may be the better first buy… D&O as you get larger
Consult a good insurance broker with experience in nonprofits
Talk with your state’s nonprofit association for more

Resources
Nonprofit Directors and Officers Insurance: The Good, the Bad, and the Ugly – Guidestar.org
Directors and Officers Liability Insurance – NPCCNY
Don Kramer’s Nonprofit Issues regarding the Federal Volunteer Protection Law

Closing

Email me with questions and suggested topics
Screencast on using the Internet, podcasting and social networking for your nonprofit – go to nplawcast.com for details
Need more than a podcast? Tim-Mooney.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

NLP News

Now a top 15 show in iTunes… thank you listeners
Pass along the links to your colleagues who might be interested… 5-10 minutes per week, and I take requests on topics!

Listener request – who gets to see what?

- “For entertainment, some people in this town make trouble.”
- Who gets to see bylaws, articles of incorporation, minutes, financial reports, etc?
- Generally, you’re a private org and nobody has access to records other than proscribed by law
- Federal tax law… we covered in ep 4
- Virtually everything else is dependent on state and local laws
- Some states require additional disclosure through solicitation laws (ex. OR, WA)
- Even some munis require enhanced disclosure of records if you do business with them (ex. SF)
- Most states have public access to corporate records online, but not things like bylaws etc.
- Bylaws rule the rest (member or public access to records, etc.)

Tips & Best practices

- Check state and local laws
- Be very aware of solicitation registration rules
- If someone asks for records other than ones they are entitled to, and cannot show you the legal reason why they are entitled to them, you have the right to refuse the request
- Sometimes document requestors bear no ill-will (academics, etc.). Choose your battles.

Closing

Email me with questions and suggested topics
AP audio & handbook on using the Internet, podcasting and social networking for your nonprofit coming soon
Need more than a podcast? Tim-Mooney.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

What are the changes coming for small nonprofits?
- Form 990N… the “e-postcard”
- Previously, tax-exempt organizations with gross receipts of $25,000 or less were not required to submit information returns. Beginning next year, they will file the Form 990N.
- Short, easy and electronic
- Provide a legal name and mailing address, any other names used, a Web address if one exists, the name and address of a principal officer and a statement confirming the organization’s annual gross receipts are normally $25,000 or less.

Tips & Best practices

- Continue to track those finances!
- Be aware there will be slightly more paperwork to file (versus none!)
- Remember… organizations shouldn’t ignore filing the 990N, or they risk losing their tax-exempt status
- Info on the reporting system is forthcoming… we’ll be on top of it here at the Nonprofit Law Podcast
- Make sure the gross receipts are not exceeding $25,000… if so, you’ve graduated to 990EZ or 990!

Resources

Educational letter from IRS (pdf)
IRS Press Release

Closing

Email me with questions and suggested topics
AP audio & handbook on using the Internet, podcasting and social networking for your nonprofit coming later this summer
Need more than a podcast? Tim-Mooney.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

Fiscal Sponsors

501(c)(3)s that take a new project under its wing to offer tax advantages to the project
Typical route for startup nonprofits
Funds are given to the existing 501(c)(3) for it to control
Agreements in place to ensure the funds that come to the fiscal sponsor are spent on the project
Sponsors are legally allowed to retain a small amount of money for administrative expenses incurred
Many agreements have out clauses if the project is recognized as a 501(c)(3)

Tips

Make sure you have a good agreement
If you are a sponsor, understand that this project is part of your organization
If you are the project, find a good sponsor fit

Resources

Foundation Center: Guide to Fiscal Sponsorship
Free Management Library: Basic Guide to Non-Profit Financial Management
Fiscal Sponsorship by Greg Colvin

Closing

Email me with questions and suggested topics
AP audio & handbook on using the Internet, podcasting and social networking for your nonprofit coming later this summer
Need more than a podcast? Tim-Mooney.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

Restricted funds

Government grants – can’t lobby with the funds
Statutory limits – part of a charter, sometimes limits activity
Grant agreements – contractual agreements that limit use of the money

In many circumstances, the limits run with the money – if you use money from outside of that pool, you are allowed to lobby.

Example: A 501(c)(3) organization receives 40% of its funding from federal grants, and an additional 40% of its funding from private foundation grants that have a restrictive clause for lobbying as a part of the agreement. Can the organization lobby?

Answer: Yes, so long as the organization complies with the limits to lobbying as a part of its tax status.

Resources

Alliance for Justice: The Rules of the Game

Closing

Email me with questions and suggested topics
AP audio & handbook on using the Internet, podcasting and social networking for your nonprofit coming later this summer
Need more than a podcast? Tim-Mooney.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.